Terms of Service

This website and any other URLs and websites administered by Spark Wellness and its affiliates, including any applications and media available therefrom (collectively, the “Website”) are offered by Spark Wellness and its affiliates (collectively, “Spark Wellness” or “we” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below (“Terms of Use”). The terms “you” and “user” refers to all individuals and entities that access the Website.

By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy , to our Community Guidelines, and your agreement to communicate with us electronically.

If you do not agree to all of these terms and conditions, do not register for or use this Website.

 

Age and Eligibility
In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address.

 

In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@sparkwellness.ca. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete.

 

Agency
You represent that you are using the Website for its intended purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

 

Information on the Website
We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by Spark Wellness,Spark Wellness employees, or others appearing on the Website by invitation or as visitors is solely at your own risk.

 

User-Created Content
Subject to terms set forth in the Privacy Policy with respect to Private User-Created Content and Public User-Created Content, you hereby grant to Spark Wellness a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, videos, photographs or other data and information you submit to the Website (collectively, “User-Created Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format (the “User-Created Content License”).

 

Registration and Password
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Spark Wellness the right to use your information in connection with the operation of the Website. Spark Wellness cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted.

You represent that the information that you provide about yourself as requested in the Spark Wellness account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Spark Wellness with your current email address, so that you may receive notifications and other account-related communications.

Ownership of the Website
Except for the User-Created Content, the Website and all aspects thereof, including all content and applications available via the Website, and all copyrights, trademarks, and other intellectual property rights therein, is owned by Spark Wellness or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain Spark Wellness’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website, including any applications available via the Website, except as necessary to view the content on the Website or use an application available via the Website and create a reasonable number of copies of portions of such content and applications (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by Spark Wellness to you are retained by Spark Wellness and its licensors.

If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website.

Email Rules
Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Users found using email information in this manner may be stripped of their membership. We are not responsible for the content of email messages sent to you by our users or from third parties.

 

User Disputes
Your communications, dealings or meetings with any other users on the Website, including communications, dealings or meetings initiated through the Website, are solely between you and such users, and you are solely responsible for such communications, dealings or meetings. Spark Wellness reserves the right, but has no obligation, to monitor disputes between you and any other users on the Website. Spark Wellness is not responsible or liable in any manner for any loss or damage arising out of your communications, dealings or meetings with any other users, including with respect to any events organized or attended by such users or any other services offered by such users.

 

User Conduct
If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User-Created Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of the membership site or other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates our Community Guidelines, (c) is offensive to other users, (d) violates the rights of Spark Wellness or third parties, or (e) could cause Spark Wellness liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User-Created Content and other information related to your Community Pages. If Spark Wellness suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

 

 

Earnings and Income Disclaimer

Spark Wellness can not and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies.

 

All products and services created, distributed, and sold are for educational and informational purposes only.

 

Nothing on this page, website, or any content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, health, or other professional advice.

 

Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

 

Paid Products and Services
Spark Wellness may offer products and services on the Website that require payment of a fee(s). Please note that all fees are in U.S. dollars unless otherwise indicated.

By purchasing or subscribing to products or services with your credit card, you agree that Spark Wellness (or an authorized-third party) is authorized to charge your credit card for all fees and charges due as a result of your purchase.  If you subscribe to a service that requires recurring payments, you agree that Spark Wellness (or an authorized third party) may charge your credit card automatically upon the beginning of each cycle.

Purchasing products and subscribing to services will require you to provide information to Spark Wellness or an authorized third party.  You agree to provide and update, as needed, information such as (but not limited to) your credit card information, your full name, address, and telephone number, as well as any other information that may be necessary.  You agree that this information is true, complete, and current.

If we are not able to process or collect charges to your credit card, you agree that we may pursue collection for fees you owe related to products and services purchased on the Website.  You agree to be liable for all costs and expenses incurred in connection with the collection process including (but not limited to) collection fees, interest, litigation costs and attorney’s fees.

You agree to comply with the terms and conditions of any agreement that you may enter into related to your purchase of the product or service.  You agree to be liable for all charges and fees incurred through your purchase or subscription, including any applicable taxes.

 

Spark Wellness may increase or change fees at it sole discretion and at any time.

Due to package promotions, the fee/price you pay upon purchase or subscription may be different from one user to another or one time frame to another.  You agree to pay the price/fee quoted at the time of your purchase. Price adjustments will not be made for discounts, promotions or other price changes that may accompany the purchases of other users.

Availability of Fee-Based Products or Services – There may be situations when fee-based products or services are not available due to Website downtime or other circumstances.  During such occasional disruptions in service, Spark Wellness will not adjust fees or charges.

 

 

 Cancellation/Termination of Non-Membership Subscription Products and Services

All sales of non-membership subscription products and services are final per your agreement at purchase. This includes purchased courses, trainings, and access to paid groups.

 

All sales are final. No refunds will be issued.

 

Hours of Operation

  • Spark Wellness is open Monday – Friday 9am to 5pm MST
  • We close for all CA-based government observed holidays

 

This policies and procedures applies to all Spark Wellness products sold on this site or any other site owned by Spark Wellness that includes a link to this page.

Personal Checks

Personal checks are not accepted for any product, membership or service at Spark Wellness.

 

Content And Warranty Disclaimer
THE WEBSITE IS PROVIDED BY Spark Wellness AND ITS AFFILIATES “AS IS.” NEITHER Spark Wellness NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE VIA THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, Spark Wellness AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, BUSINESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Spark Wellness DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability
IN NO EVENT WILL Spark Wellness BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Spark Wellness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF Spark Wellness, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. Spark Wellness’s AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

 

INTELLECTUAL PROPERTY

You agree that Spark Wellness, including but not limited to Spark Wellness Products and services, graphics, user interface, audio clips, video clips, editorial content and social media used to implement Spark Wellness Services, including but not limited to Spark Wellness brands and any program created and distributed by Spark Wellness, contains proprietary information and material that is owned by Spark Wellness and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Spark Wellness services in compliance with this Agreement. No portion of the Spark Wellness services may be reproduced in any form or by any means, without expressed written permission from Spark Wellness. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Spark Wellness Services in any manner, and you shall not exploit the Spark Wellness brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

 

Notwithstanding any other provision of this Agreement, Spark Wellness and its licensors reserve the right to change, suspend, remove, or disable access to any Spark Wellness products, content, or other materials comprising a part of the Spark Wellness at any time without notice. In no event will Spark Wellness be liable for making these changes. Spark Wellness may also impose limits on the use of or access to certain features or portions of Spark Wellness services, in any case and without notice or liability.

 

All copyrights in and to Spark Wellness (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Spark Wellness and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF Spark Wellness, EXCEPT FOR USE OF Spark Wellness AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Spark Wellness, the Spark Wellness logo, other Spark Wellness trademarks, service marks, graphics, and logos or brands used in connection with Spark Wellness are trademarks or registered trademarks of Spark Wellness in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Spark Wellness Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 

Electronic Contracting
Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

 

Customer Service:

If you have questions or comments, please email us at support@sparkwellness.ca.